Apartments and Living with Roommates

When Roommates Break a Lease

By Tasha Schroeder

When you first move in with roommates, everything seems great: you're having fun with your friend, splitting bills with another person is working out or you're enjoying life with your significant other. But what happens when the relationship goes sour and your roommate wants to move out before the end of the lease?

When your roommate moves without notice

If your roommate moves out without notifying you or the landlord, he still has legal responsibilities. In a month-to-month agreement, he's still responsible for rent through the duration of the rental agreement.

In a fixed-term lease, the situation is more serious. Ideally, tenants should get the landlord's permission to move out early or find a new tenant that the landlord and remaining tenants approve of. But if a co-tenant moves out with no warning, the remaining tenants can be evicted.

If you want to stay

The landlord can evict the remaining tenants because when even one tenant breaks the lease, all tenants are liable and the contract can be ended. However, if you've been responsible tenants who pay the rent on time, it's likely that you can persuade the landlord to let you remain in the rental, with either the remaining tenants splitting the rent, or with a new co-tenant.

Get approval before allowing a new tenant to move in

Bringing in a new tenant without your landlord's approval is further grounds for eviction. Instead, keep your landlord in the loop with regards to finding a new roommate, and make sure that he or she approves of the new tenant.

There are some other considerations to keep in mind when adding a roommate:

Will your roommate pass your landlord's screening process? Just because your landlord already knows you, it doesn't mean that your potential roommate is worthy of a landlord's trust. Have your roommate fill out an application, and submit it with a credit report. That way, your landlord can check whether your roommate makes payments on time or has any criminal convictions to be concerned about.

Are you willing to sign a new lease? With the addition of a new roommate, your landlord may require a new lease or rental agreement. Signing this document means that each party understands his or her responsibilities and rights. Your new roommate is now just as committed, legally, as you are to paying rent and fulfilling other stipulations of the lease.

Your landlord may increase the rent. If you sign a lease or rental agreement, your landlord has the legal right to raise your rent, because you are all entering into a new contract together. From the landlord's perspective, raising the rent makes sense, because a new roommate might mean additional wear and tear on the rental.

You may also need to pay more for your security deposit. Again, your landlord may attempt to cover increased potential loss by asking you to throw in a few more dollars. If, for example, your security deposit was equivalent to two month's rent, your security deposit may be increased to match your new rent amount.

If you want to move out, too

On the other hand, if your roommate's departure gives you the chance to move out that you've been looking for, now is the time to take advantage. If you're a month-to-month tenant, immediately give appropriate notice in writing (30 days is the usual requirement). Don't wait until next month, when you can't cover the missing roommate's rent.

If you have a lease, give written notice of your plan to move out. Work with your landlord to find a new tenant: The sooner a new tenant moves in, the sooner your responsibility for the rest of the rent due for the remainder of the lease ends.

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